Constitutional Law

Front 1

Threshold issues

Back 1

Standing, mootness, ripeness, state action

Front 2

Standing

Back 2

Plaintiff must show an injury that the defendant caused and that can be redressed by the requested relief.
WA:more liberal when claim involves serious public interest immediately affecting substantial portion of population.

Front 3

Mootness

Back 3

1) A real and live controversy must exist throughout the lawsuit.
Exceptions: Controversies capable of repetition, but evading review. Class action suits.
WA LAW: state appellate court may retain a moot appeal involving issues of substantial public interest.

Front 4

Ripeness

Back 4

An existing dispute that threatens immediate and substantial hardship to the plaintiff can be resolved by a final and conclusive judgment

Front 5

State action

Back 5

State action includes official government conduct and private conduct where there is significant government involvement with the private party.

Front 6

Judicial Review- levels of scrutiny

Back 6

Strict, Intermediate, Rational Basis

Front 7

Strict Scrutiny

Back 7

Government's law regulation or action will be upheld only if it is narrowly tailored to achieve a compelling interest. Actual purpose.
On government

Front 8

Intermediate

Back 8

Government's law, regulation, or actions will be upheld only if it is substantially related to an important government interests. Actual purpose or interest, over breadth/ under brreadth

Front 9

Rational basis

Back 9

Government's law, regulation or action will be upheld if it is rationally related to a legitimate purpose. ANY PURPOSE
WA: plaintiff must prove beyond a reasonable doubt.

Front 10

Examples of Strict Scrutiny

Back 10

Fundamental rights
marriage, procreate, custody of children, raising child, use of contraceptives, interstate travel, vote, racial classifications, content based speech

Front 11

Examples of Intermediate

Back 11

Right to abortion, gender classifications(WA REQUIRES STRICT SCRUTINY) content neutral regulation of speech

Front 12

Examples of Rational basis

Back 12

Education, alien classification, viewpoint neutral regulations of unprotected categories of expression

Front 13

Takings clause

Back 13

Federal government (5th amendment) and state governments (14th amendment) cannot take private property for public use without just compensation. More drastic the reduction in value to the objectively reasonable person

Front 14

Possessory taking

Back 14

1) confiscation, destruction or permanent physical occupation
2) Public emergency exception: can posses without paying compensation in cases of serious public safety or health emergencies.

Front 15

Regulatory taking

Back 15

regulation leaves no reasonable economically viable use of the propert

Front 16

regulations that merely decrease economic value

Back 16

use balancing analysis to weigh governments purpose vs. decrease in value of property to owner with reasonable expectation in use.

Front 17

Public use

Back 17

Any reasonable use. Rational basis review

Front 18

Just compensation

Back 18

Must pay compensation by paying fair market value at time of taking or terminate the deal and pay damages.

Front 19

WA Taking law

Back 19

Similar to federal approach for possessory or regulatory taking, but differs for regulations that decrease economic value.
1) preventing public harm
2) providing public benefit: government's purpose vs. economic impact on landowner
3) public use: less deferential standard of review./ government has to prove its necessary
4)Just compensation: no compensation required if property damaged or destroyed during lawful investigation of crime

Front 20

Contracts clause

Back 20

state and local governmental regulations cannot substantially interfere with the obligations of existing contracts
1) private: intermediate
2) public: strict

Front 21

Substantive due process

Back 21

When rights are fundamental, both WA and federal courts apply strict scrutiny.
non-fundamental apply rational basis.

Front 22

WA fundamental right

Back 22

Recognizes abortion as a fundamental right and a fundamental right to privacy.

Front 23

Procedural due process

Back 23

What was the process that was used? fair and reasonable?

Front 24

PDP/mathews

Back 24

Essential procedural safeguards are notice and a fair hearing before an unbiased decision maker. Type and time of procedure.
Mathews test: weighs the importance of the interest to the plaintiff and the ability of additional procedures to increase the accuracy of fact finding against the government's interest in administrative efficiency and cost.